Klein v. Earth Elements, Inc

In Klein v. Earth Elements, Inc. (1997) 59 Cal.App.4th 965, a pet food manufacturer recalled dog food after it unwittingly made and distributed the product using grains contaminated with a hard-to-detect toxin. (Klein v. Earth Elements, Inc., supra, 59 Cal.App.4th at pp. 967- 968.) Klein asserted that distributing the tainted dog food was an unlawful business practice based on strict product liability and breach of the implied warranty of fitness. (Id. at p. 969.) The Court of Appeal disagreed: "In our view the unintentional distribution of a defective product is beyond the scope and policy of the 'unlawful' prong of section 17200." (Id. at p. 969.) The Court of Appeal emphasized that the contamination was accidental and the manufacturer's quick response was exemplary. (Id. at p. 970.)